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september 2006

Supreme Court of India · 2006-09-27

PABITRA KUMARA ROY vs ALITA D'SOUZA

Citation / case number
SC 2000/2785
Court
Supreme Court of India
Petitioner
PABITRA KUMARA ROY
Respondent
ALITA D'SOUZA
Author
ALTAMAS KABIR
Bench
A.K. MATHUR & ALTAMAS KABIR

Judgment text excerpt

The Supreme Court interpreted Sub-section (2) of Section 3 of the West Bengal Premises Tenancy Act, 1956, clarifying its applicability to leases exceeding twenty years with a termination clause. The Court held that such leases are subject to the provisions of the Act unless explicitly stated otherwise, thereby affirming the applicability of the Act to the lease in question. The judgment emphasized the importance of the lease's terms in determining the rights of the parties involved, particularly in eviction proceedings under Section 111 of the Transfer of Property Act, 1882.

PABITRA KUMARA ROY vs ALITA D'SOUZA · Niyam